Shannon Electricity Act, 1925

Ascertainment of price or compensation.

5.—(1) The amount of the price or compensation to be paid by the Minister for lands and premises compulsorily acquired (whether permanently or temporarily) by him under this Act to the several persons entitled thereto or having estates or interests therein, or for or in respect of easements, way-leaves, water-rights, fishing rights and other rights compulsorily acquired (whether permanently or temporarily) by him to the owner thereof or the several persons entitled to or having estates or interests in the lands and premises over or in respect of which such rights are so acquired shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 .

(2) The amount of the compensation to be paid by the Minister on account of the compulsory termination, restriction, or other interference (whether permanent or temporary) under this Act of or with any easement, water-right, fishing right, or other right existing over or in respect of any lands, premises, or water, or the compulsory diversion, closing, removal, or other interference (whether permanent or temporary) under this Act of or with any private road, way, or bridge or any canal or other artificial water-way or any artificial water-course shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 , in like manner as if such compensation were the price of land compulsorily acquired.

(3) When any price or compensation is being assessed in pursuance of this section in respect of any property, corporeal or incorporeal, which is occupied, used or enjoyed with or forms part of any other property, regard shall be had to any benefit in the nature of drainage or improvement of water supply which may reasonably be expected to accrue to such property by reason of any works executed or in course of execution or about to be executed by the Minister under this Act.

(4) All claims for price or compensation in respect of any land, premises, or right compulsorily acquired or any right, way, or other property compulsorily interfered with under this Act shall be made within one year after such land, premises, right, way, or property is first entered on, exercised, or interfered with by the Minister or a contractor under this Act, save that in the case of compensation for the permanent interference with a fishery right the claim may be made at any time within ten years after the completion of the works by which the fishery right is so interfered with.

(5) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845 , shall apply to any price or compensation payable by the Minister under this section and to the conveyance to the Minister of property, corporeal or incorporeal, compulsorily acquired by him under this Act, and for the purpose of such application the Minister shall be deemed to be the promoter of the undertaking.

(6) No action shall lie at law or in equity against the Minister or any contractor or any officer or servant of the Minister or any contractor for or on account of any act, matter, or thing in respect of which compensation is payable by virtue of this section.